General Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
Consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Benjamin Schwalm.
By listing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting your order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language available for concluding the contract: German
We save the contract text and send you the order data and our general terms and conditions text form. For security reasons, the contract text is no longer accessible via the Internet.
4. Delivery conditions
In addition to the stated product prices, shipping costs may be added. You can find out more about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, a self collection of the product is not possible.
5. Payment
The following payment methods are generally available in our shop:
Alipay
To pay the invoice amount via the payment service provider Alipay (Europe) Limited S.A, 11-13 Boulevard de la Foire, L-1528 Luxembourg (“Alipay”), in order to be able to pay, you must be registered with Alipay, if necessary. legitimize with your access data and confirm the payment order. The payment transaction is carried out by Alipay immediately after placing the order. You will receive further information during the ordering process.
Credit card, debit card
In the ordering process you enter the details of your credit or Debit card details. Your card will be charged immediately after you place your order.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) in order to pay, you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
Sofort by Klarna
To be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich , you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay” or “paydirekt”) we offer the payment methods giropay and paydirekt.
giropay
In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking have to identify themselves accordingly and confirm the payment order. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.
paydirekt
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking have, be registered with paydirekt, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
6. Right of withdrawal
Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to enforce our own claims against the carrier or to be able to claim transport insurance.
9. Warranty and guarantees
Applicability of the statutory liability law for defects
Unless expressly agreed otherwise below, the statutory liability law for defects applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
in the event of violation of life, body or health
in the event of intentional or grossly negligent breach of duty as well as fraudulent
in the event of a breach of essential contractual obligations, the fulfillment of which requires proper execution of the contract is made possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed, or
as far as the scope of application of the Product Liability Act is opened.
Restrictions towards consumers
When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, the Claims for defects excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
Restrictions towards entrepreneurs
As far as entrepreneurs are concerned, only our own information and the manufacturer's product descriptions, which are in the contract were included; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations regarding merchants
The obligation to investigate and give notice of complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
Guarantees and customer service
Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop .
10. Liability
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the event of a guarantee promise, if agreed, or
as far as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or The liability of vicarious agents is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur.
In all other respects, claims for damages are excluded.
11. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
